The two contentious landmark trees, an Oak and a Pohutukawa, at 1 Jomac Place, Rosebank Road, Avondale, are a step closer to having the protection they deserve.  A panel of 3 independent commissioners heard evidence in a hearing on May 2nd 2011, and last week agreed that both trees have significant amenity value along with historical and community value, and approved both trees being scheduled in Auckland City’s Operative District Plan.
 
The commissioners went further by suggesting that Connell Place Ltd, the developers, could have subdivided the 10 hectare site in a more sensitive manner (read their decision here).
 
It is expected that Connell Place Ltd will appeal this decision to the Environment Court.  If so, the appeal will be heard at the same time as the outstanding appeal in the Environment Court by Connell Place Ltd, against Auckland Council’s decision last November to decline their application to fell the Pohutukawa.  The hearing is not expected til later this year.
 
Sigrid Shayer, Chair of The Tree Council said, “The Tree Council first took action in the High Court in March last year to prevent the Pohutukawa from being felled.  The struggle is not over yet.  The court battle over the protection of these trees may well turn out to be the longest in NZ’s history.”
 
She continued, “The process behind the original resource consent was flawed.  We will have to wait until after the appeal, but then we very much hope that Auckland Council will respond to the huge support for the land around the trees to become a public open space.”

See here for details of original submissions.